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Chancery Court Minutes

Macon County, Tennessee

1858

Lafayette, February the first day 1858

The same being the first Monday in said month and the time appointed by law for holding the Chancery Court at Lafayette, the Honorable Bromfield L. Ridley appeared in the court house, took his seat and ordered the sheriff to open Court  and proceeded to the dispatch of public business when and where the following were had and held to wit:

Joel Blankenship, guardian of Smith and Wesley Blankenship vs James Flippin admr of Joseph A. Flippin & Hugh B. Flippin

Be it remembered that this cause came on to be heard on this 1^st February 1858 before Chancellor Ridley upon bill, answer and proof in the case whereupon it appears that some time 8^th March 1852 Joseph A. Flippin was appointed guardian of Smith & Wesley Blankenship, minors, and that he gave bond with defendant Hugh B., his security for the prerformance of his duties as such guardian.  Joseph A. paid out fully as much in the education & clothing of said minors as the interest on said sum.  And the Court being of opinion that complainant is entitled to recover said sum of $69.43 it further appears that said Joseph A. has departed this life intestate in Kentucky & defenandt James has been appointe dadministrator uon the estate of said Johseph A. in Kentucky, it is therefore adjudged and decreed by the Court that complainant recover of defendants Hugh B. & James Flippin said sum of sixty nine dollars & 43 cents & cost of suit for which execution may issue against defendants to tbe levied of the proper goods and chatttles, lands & tenements of said Hugh B. & of the good & chattle & credits (balance on page 307)  of said Joseph A. in the hands of said James to be administered  and it appearing to the Court that said Hugh B. is the security of the intestate of said James for his guardianship aforesaid.  It is ordered and decreed that said Hugh B. have his decree over against said James admr. As aforesaid for said sum of $69.43 to be levied of the goods & chattles, rights and credits of said Joseph A. in his hands to be administered for costs.

Smith Meador vs William Roark etal (In. Decree)

. . renewed and leave given defendants until the second rule day to answer the original and amended bills . . .

John Carr etal vs G. H. Burnley etal

This cause is continued upon the affadavit of complaainant Carr and leave is given him to cross examine Daniel Griggs whose deposition has been taken touching what he may have said to Thomas Woodmore as to the conversation with Jesse Marshall and then take the depostion of said Woodmore and any other proof as to the character of said Griggs.  Said proof is to be taken at their own costs and defendants with out costs.

Mary Morison vs John Morison (divorce case)

Came the complainant by her solicitor and on motion once it appearing to the Court that copy & process was regularly issued & served on the defendant on the 29^th day of September 1857 requiring him to answer & C and the defendant being present and dealing to make answer to complainants bill be taken for confessed and this cause now set down for hearing Exparte.

Mary Morison vs John Morison (final decree)

Be it remembered that this cause came on to be heard on this first day of February 1858 before the Honorable Bromfield Ridley Chancellor & C upon complainants bill being taken for confessed and proof in the cause.  When it appeared to the Court that complainant and defendant intermarried in Jackson County about August 1850, that complainant is a respectable woman and that she has conducted erself towards the defendant as a wife should do. But that defendant has without cause  more than once whipped her and has been guilty of inficting upon complainant such ______ and inhumane treatment as rendered it unsafe & improper for her longer to remain under his dominion & control.  It is therefore ordered by the Court that the bonds of matrimony between complainant and defendant be sisolved and that each be restored to all the priviledges of single life.  It further appeared to the Court that complainant has given birth to three children the lawful issue of said marriage, Steptoe Smith Morison, Henderson Morison & Margret An Morison.  It is decreed that complainant have the care, custody & control of the last name & defendant have of the two first named children and it further decreed that the complainant & defendants shall have ther priviledges on suitable occasions  of seeing & conversing with either of the children and letting the children be with each other.  It is further decreed by the Court that defendant pay to William H. Botts, solicitor for complaainant twenty five dollars, he agreeing to the same.  It is further agreed that defendant pay complainant one hundred and seventy five dollars and that a lien be retained on all the land of which defendant is the owner for the payment of all the money in this decree, the defendant assenting to the same.  It is by amount agreed that for the twenty five dollars decreed to William H. Botts & seventy five dollars decreed to complainant execution shall be styed three months and for the balance execution shall be stayed twelve months.  It is further decreed by the Court that defendant pay all cost in this cause  expended and that execution issue as at law and that complainants name be changed from Mary Morison to her maiden name, Mary Eakle.  It is further decreed that defendant deliver to complainant her clothes upon demand.

Daniel D. Claiborne vs Jos. & Caroll Dillard & Jermiah Jenison

In this cause on application of complainant presenting his amended bill among other things making Jeremiah Jenison a party which having been read and understood by the Court, it was ordered on the 1^st day of Feby 1858 that said amended bill be filed and it appearing to the Court that the cause had so far progressed as to leave a good deal of proof taken on both sides it is therefore decreed by the Court that the complainant pay the cost in tis cause up to the time of fileing said amended bill for which execution may issue.

Louisa Kiger vs Andrew B. Kiger (decree final)

.  . . after the marriage of complainant and defendant he some time in the year 1856 left her and refused to provide for her and she was forced to rely upon her father for support, . . . has one child which she has named Mary Elizabeth and that complainant has made no provision for the support of said child and . .  has left her and the child in destitute condition.  It is therefore ordered, adjudged and decreed by the Court that the bonds of matrimony existing between complainant & defendant be dissolved and for naught held and that her name be changed from Louisa Kiger to Lousia Ragland, her maiden name, and that defendant pay the cost for which execution issued.  It  is further ordered and decreed that complainant have the custody and control of said child, Mary Elizabeth and that  defendant be and is enjoined from in any wise molesting or interferring with said child.

R. B. Meadors vs James T. Mills & others (final decree)

. . .complainant agrees to dismiss his bill and defendant agrees  to pay all costs and the sid defendant James T. Mills agrees to  to deliver to the complainant the possession of the ladn in the pleadings mentioned on or before the 15^th day  of Feby 1858 and said Meador  is to deliver to Mills his note executed for said land the the same is to be for naught held and said Mills is to deliver to Meador his bond for title to said and the contract of bargain & sale of said land between said Meador & Mills is entirely revoked and set aside and said Meador is to charge Mills nothing for the rent of said land during the time he had possession. . . .that Mills deliver the possession of said land to Meador on o rbefore the 15^th Febr. 1858 and that nothing be paid for rent that this bill be dismissed and the the said Mills pay all cost therein & that execution issue. It is ordered that Meador pay the cost in the first instance & have judgment against Mills for the same.

John L. Hall admr. & als (Int. Decree)

It is ordered that it be referred to the Clerk & Master of this Court to take proof & report ot the next term of this Court the services that solicitors, William H. DeWitt, Jo. C. Guild & John W. Head have rendered fro said administrator in the execution of his siad trust & the value thereof and that this cause be retained in Court until the report is made.

Joshua R. Stone vs Sam E. Hare & H. S. French (O. B.)

continued until next term

Haywood R. White vs Haley S. Young etal (Inj. B.)

This day came the complainant by his solicitor and says he  desires  no longer to prosecute this suit.  It is therefore ordered by the Court that complainants bill be dismissed & that execution issue against him and his security Washington White to collect the same.

Alfred H. Pistol, guardian & C Exparte (Decree)

Be it remembered that this cause came on to be heard on this 1^st day of February 1858 before his Honor B. L. Ridley Chancellor & C upon application of said Pistol presenting the record of the Courty Court of Simpson County, Kentucky appointing him the said Pistol guardian of Matilda A., Henry F., Sophia A. & Elizabeth Pistol, infant orphans of Elizabeht Anne Pistol deceased, which record after being exxamined by the Court is regarded to be as required by law touching foreign guardians and is ordered to be committed to the record of this Court which hrecord is in the words & figures following to wit:  Kentucky Record Kentucky Simpson County Court  At a county Court began & held for said state & count at the Clerks office in the town of Franklin before Williams sole presiding judge of said Court on the 16^th day of March 1857 this order was made on the record book of said Court to wit:  upon the motion of the commonwealth atty of this Court it is ordered that Alfred H. Pistol be appointed guardian to Matilda A. , Almiry F., Sophia A. & Elizabeth Pistol all minors [under?] 14 years of age & infant children of Elizabeth An Pistol  deceased, whereupon he executed bond in the penalty of  twelve hundred dollars to the commonwealth of Kentucky with William R. Pistol, his security, who approved by the Court over which bond is condition as required by law Guardian Bond to wit:  Know all men these present that we, alfred H. Pistol & William R. Pistol are held and firmly bound unto the commonwealth of Kentucky in the part &  full sum of twelve hundred dollars for the payment of what were & truly to be made we bind ourselves, our heirs & C jointly & severally firmly by thesee presents sealed with our seals and dates this 16^th day of March 1857.  The aconditions of the above obligation is such that where as the above bound Alfred H. Pistol was this day appointed by the Sjimpson County Court guardian to Matilda A., Alvira F., Sophia A. & Elizabeth Pistol infant orphans of Elizabeth An Pistol, deceased, now if the said Alfred H. Pistol shall will & truy pay unto the said orphans  all such estates or estate as was is or may herreafter become due to said oorphans when they shall arrive at lawful age to receive the same or be thereunto required by said Court for the time being and in all other things shal faithfully discharge the duties of the said office of  guardian as the law directs them, the above obligation to be void else remain in full force & virtue in law  Attest:  P. H. Boiseau, Clerk; Alfred H. Pistol; Wm R. Pistol

Kentucky, Simpson County Coml. Act

I, P. H. Boisseau, Clerk of said county certify that the foregoing order appointing Alfred H. Pistol guardian to the children of Elizabeth Ann, deceased and the guardian bond apecified by said order and described by the said A. H. Pistol copied from the original record with Wm. R. Pistol his security and truly and correctly copied and the the said security Wm. R. Pistol  is entirely good for the penalties of the said bond and is also solvent and that the said Alfred H. Pistol is also good for the penalty of said bond and is likewise solvent and that the appointment of said guradian is according to the laws of Kentucky witness my signature the 10^th day of July 1857.  P. H. Boisseau, Clk S. Co.

Kentucky Simpson County Court set

I, Wm C. Williams, sole presiding judge of said County Court certify that P. H. Boisseau whose name is assigned to the foregoing certificate is and was clerk of the Simpson County according to the laws  of Kentucky.  That his certificate is genuine.  That Alfred H. Pistol and his security Wm R. Pistol are solvent and good for the penalty and said bond and appointment of Alfred H. Pistol is according to the laws of the state of Kentucky.  Given under my hand and signature and private seal being no public one this 10^th day of July 1857  W. J. Williams, J. S. C. C. [Judge Simpson County Court]

Sate of Kentucky Simson County Court set.

I, as Clerk of said Court certify that Wm. J. Williams whose name is signed to the foregoing certificate is the sole judge of the Simson County Court that he was duly elected, qualified and commissioned according to the requisitions of the laws and constitution of said state, that full faith and credit are due to all his official acts and that  his signature there to is genuine in testimony whereof I have hereunto affixed the seal of said Court. This 10^th day of July 1857  P. H. Boisseau Clk, S. C. C. [Clk Simpson Co. Court]

Jonas W. Locke vs Robert Stubblefield and others

In this case it is agreed by the parties that this cause be continued until next term of the Court and if said cause is not compromised by the time for defendants answer by the July term of said Court.

John M. Claiborne vs Cyrus Simmons, Nancy Simmons, Joel Simmons and William Simmons, minors by their guardian ad litem, Joel Blankenship and Sarah Simmons, widow & C. and Joel Blankinship admr of Smith B. Simmons

Be it remembered this casue for final hearing on this 1^st day of February 1858 before his honor Chancellor Ridley upon the pleadings and proof in the cause and it appered to the Court that Simith B. Simmons signed the deed mentioned in the pleadings bearing date 7^th Sept 1855 and the same was witnessed by Thomas J. Woodcock at his request it also appeared to the Court that the complainant had a title bond for said land which was delivered up at the time of the execution of said deed by said Simmons.  It also appeared  that said Simmons agreed to procure another witness to the deed and then hand it over to the complainant but before he done so he departed this life having the deed and bond in his possession , that he left the defendant his widow and children his only heirs at law except Blankenship who administered on his estate, it also appeared to the Court that at the time said deed was executed, the complainant gave said Simmons a note for $54  53/100 due one day after date and said complainant has an account of $18 49/100 including interest as a set off against said note leaving a balance of $43 69/100 due said Simmons including interest on the which is a lien upon said land.  It is thereon adjudged and decreed by the Court that said land which is in the possession of the administrator at the time of filing the bill be delivered up to the complainant and be admitted to the registration as though the same had been duly witnessed and proved and all the right, title and interest of the defendant in and to the lands mentioned in the pleadings be divested out of them and vested in the complainant, his heirs and assigns forever subject to said lien for the $43 69/100 and if the same is not paid within five months, the Clerk will proceed to sell the land to the highest bidder for cash and pay said $43 69/100 with interest from this date and the balance he will pay to complainant.  It is further decreed that the complainant pay one half of the costs and the administrator the other half out of the assets in his hands for which fifa issue.  A copy of this decree will be certified for registration.

John M. Fergusson vs John Eakle etal (In. Decree)

In this cause it appearing to the Court that defendant John Eakle by leave of the Court had filed a corss bill seeeking an account and settlement with the defendant Chishan Eakle as administrator of Henry Eakle, deceased, and said cross bill has been lost or mislaid.  It is ordered by the Court that leave be given the said John Eakle until the 2^nd rule day to supply the loss of said bill by filing a new bill when process will be duly issued on the same.

Stephn Holland vs Robert Dallas (Final Decree)

Be it remembered that this cause came on to final hearing on this the 1^st day of Feby 1858 before his honor Chancellor Ridley upon the report of the Master with exceptions on both sides; which exceptions, having been argued and understood by the Court the same are dissallowed and the report confirmed and it appearing to the Court that the monies paid by the defendant to the complainant for the purchase of the land and his permanent improvements & C amounted $570/705/1000 179/1000   [$555.03????]  it further appeared to the Court that rent of the land, damages & C due the complainant by said report amounted to  $532 28/100 having a ballance of $22 75/100 due the complainant. It is thereon adjudged and decreed by the Court that complainant recover of the defendant said sum of $22  75/100 for which fifa issued.  It is further ordered that hteh suit at law brought by the defendnat to recover the purchase money paid by him be perpetually enjoined and the cost of this suit and the suit at law be equally divided between the complaianant and defendant and paid by them for which fifa issue.

P. A. Wilkerson  commissioner & C for the use of the heirs & C of Alexander Fergusson vs Wm D.  Coley, E. C. Price, William Holland and John C. Marshall (Motion)

It appearing to the satisfaction of the Court that a sale of  the lands of Alexander Fergusson, deceased,  by P. A. Wikerson commissioner & C under a decree of this Court on the 7^th day of Sept 1855 that William D. Coley became the purchaser of a tract of 100 acres for $320 for which he executed two notes each for $160 due twelve & twenty four months from date with E. G. Price, William Holland and John C. Marshall as his securities that the first note fell due on the 7^th Sept 1856 and upon said note  he paid on the 26^th August 1857 $70 leaving due on said note $90 with interest on the same $11 34/100 amounting on said first note to the sum of $101 34/100 that the 2^nd note fell due on the 7^th Sept 1857 and that no payment has been made on the same and that the interest due on the same to this day is $3 84/100 making the amount due on both notes to this day $265 18/100.  It is therefore consideredd by the Court that the ssid P. A. Wilkerson commissioner as aforesaid for the use aforesaid recover of the said defendants, William D. Coley, E. G. Price, William Holland and John C. Marshall said sum of $265 18/100 and also the cost of this motion and that fifa issue for the same.

Henderson Claiborne, trustee & C  Martha Claiborne & children (Decree)

Be it remembered that this cause coming for hearing before the Chancellor Ridley on 1^st Febr. 1858 upon the petition of complainant whereon it is referred to P. A. Wilkerson special commissioner to take proof & report whether it would manifestly promote the interest of the said Martha and children to vest a portion of their estate in the purchase of the 105 acres of land mentioned in the petition lying in Simpson County, Kentucky for a sum for said parites and the Clerk having taken the proof made the following report which being unexcepted to is in all things confirmed by the Court and which is as follows:  In the matters of referene this cause the commissioner reprots that he has taken the depositions of William T. Gregory and L. D. Short touching their knowledge of the matters referred and from said proof he reports that  the purchase of the 105 acres of land in Simpson County , Kentucky was a good investment and that it is a bettter investment of the funds in his hands as trustee than could have been made in Macon County and that it would promote the interest of the wife & children for whom he acting that the same should be settled upon them and the trustee be ordered to pay for siad land o;ut of said fund all of which is respectfully submitted.  P. A. Wilkerson, special commissioner.

And the Court being satisfied by proof that it is manifestly to the advantage of the said children & family that the portion of the estate be laid out by the trustee Claiborne in the purchase of said tract of land of 105 acres it is therefore decreed that said trustee be authorized to make the purchase and pay out such parts of the estate as shall secure said tract of land and take the title thereof vested in his wife & children of the said Martha & such as she may have hereafter being a home for  them and residence of said family and have the same registered in the proper county.  It is ordered that the cost & expence of this proceeding  be paid out of said estate by said trustee.

John H. Wright vs L. B. Griffith (O. B. demurrer)

Came the parties by their solicitors and the matters of law arising and of the demurrer file by defendant to complainants bill being argued & by the Court fully understood, It is ordered by the Court that the demur be over ruled and that the defendant answer complainants bill and he is allowed until the second rule in which to file his answer so as not to delay the hearing of this cause.

Nathan J. Gass vs John M. Fergusson (Inj. Bill)

Came the defendant by his solicitor and requested the Court to dismiss complainants bill and dissolve the injunction heretofore granted for want of proper bonus for injunction and costs,  whereupon it is ordered that unless the complainant gives injunction & prosecution bonds on or before the meeting of Court on tomorrow morning this bill be dismissed and upon his giving such bonds it is ordered that he may file an amended bill & that defendant answer the same.

B. & L. G. Mills & others vs James T. Mills and others & H. L. Young vs James T. Mills and others.

In this cause it appearing to the Chancellor that the funds in the hands of the complainant B. & L. G. Mills spoke of in the bill and answers should be either be paid into the hands of the Clerk of this Court and be loaned at interest during the pending of the litigation or that said complainant should account for interest themselves it it ordered that they may pay over the same within one month into the hands of the Clerk of this Court or such part of it as they have not properly paid over who shall loan out the same at interest taking a good security or that the said complainants accournt for interest on the same and it appearing to the Court that L. M. Fite has filed his petition claiming that a fee is due him from James T. Mills which is provided for in a deed o f Trust made by said James T. Mills on the 18^th of March 1856 to be paid out of said fund.  It is orderrred by the Court that the fee of L. M. Fite being one hundred & fifty dollars be paid out of said fund and that he give bond to refund should it be so decreed.  The question as to which the complainants shall account for interest on the fund is recorded until the final hearing of the cause.

Levi Austin & wife, Polly vs William Bean, Washington M. White and Samuel Pipkins (Decree)

Be it remembered that this cause came on to be heard on this 2^nd day of Feb. 1858 before Chancellor Ridley whereupon it appears to the Court that copy & subpeona has been regularly served upon defendants to appear at this term of the Court and they having failed to plead answer or demur to complainants bill  the same is taken for confessed.  It therefore appears to the Court that defendant Bean was the guardian of complainant Polly before her marriage with complainant Levi and that said White and Pipkin are his securities for said guardianship and it appears that said guardian has in his hands including interest to this day $115 due his ward, that he has failed and refused to pay over the same.  It is therefore ordered, adjudged and decreed by the Court that complainants recover of defendants said sum of $115 and the costs of suit for which execution may issue.

Samantha G. Reece by her guardian W. J. Reece

. . . ordered by the Court that this cause be referred to the Clerk & Master to take proof and report whether or not it would be to the best interest of the petittioner to sell said land and if so what would be a fair price and the Clerk having taken proof that would be manifestly to the interest of said petitioner to sell her interest in said land and that it would be worth on a credit of twelve months twenty dollars.  It is ordered and decreed by the Court that said land be sold by the Clerk on a credit of  twelve months after giving  legal notice but is not required to publish in newspaper and take note and good security and report the next term. Said land lies in Macon County and for description of the bounderies reference is here had to deed made by Joseph H. Reece & others to W. J. Reece dated 7^th Jan 1858 and registered in the Register’s offce of Macon County in book F page 459. 

John L. Hall vs W. K. Carr adminsitrator of Richard P. Hall, Ruth Hall & others

. . . report of the commissioners assigning Ruth Hall dower in the real of the said Richard P. Hall which report as part of this decree.  We the undersigned, being unconnected with the parties and entirely disinterested, having been appointed & C by the Chancery Court of Macon County to allot and set off to Ruth Hall of the real estate of Richard P. Hall, her deceased husband, After having duly and fully understood the whole matter do hereby assign to the said Ruth Hall for her dower the following described land with the ______ and improvements thereon to wit:  a tract of land in destrict No. 5 of Macon County, Tennessee containing by survey 57 acres and bounded as follows to wit:  Beginning on a hickory corner of Nathaniel Law’s land running thence down the creek N 2 degrees W 76 poles to a black walnut; thence South 75 ¼ W 36 poles to an oak and beech; Thence South 55 W 54 poles to a stake; thence S 36 poles to a stake Nathaniel Law’s corner; Thence with Law’s line N 80 degrees E 168 poles to the beginning.  Including the mansion house.  Which in our opinion constitutes 1/3 part of the said estate of the said Richard P. Hall, deceased, considering the quanity and quality.  The commissioners further report that Jefferson B. Short, one of the commissioners appointed to set off said dower, attended and aided in the laying of said dower, and that he departed this life before the making of this report, all of which si respectfully submitted.  P. A. Wilkerson; John Claiborne, Commissioners.

[this one wanders too much to be accurate]

Christopher Hays vs John S. Pennington  etal

This cause is continured on this 1^st day of Februray 1858 on the affidavit of complainant till the next term of this and the same is remanded to the  rules with leave for complainant to take the deposition of William Crawford of Texas; four months after this Court at his own costs and the defendants to take rebuting proof without costs. 

[This must be another case]

And which being unexcepted to is in all things confirmed by the Court.  The cause was further heard upon the report of the Clerk touching the payment made by complainant the rents and improvements upon which a reference was had and exception to said report was taken on both sides, all of which was disallowed by the Court except the exceptions of complainant as to interests to be allowed complainant which was sustained by the Court and the said report being modified agreeable to the order of the Court there is the sum of $639.08 cents due the complainant Hall.   After charging him with rents and with improvements and the said W. K. Carr having suggested in the county court of Macon the insolvency of said estate and it being necessary to sell the said real estate of said Richard P. Hall including the land assigned the widow subject to  her dower, it is therefore decreed by the Court that the Clerk, after advertising according to law,  will sell all of said land subject to the dower aforesaid,  upon a credit of one and two years except for the sum of $200 to pay costs and expences and when the said sale shall be collected to be paid to the administrator, William K. Carr which shall be disbursed among the creditors of said estate prorata,  the complainant Hall being one of the creditors,  to the amount of $639.08 with interest from this date if there should be any surplus,  the same shall be paid over to the heirs out of the said funds. The costs of this case shall be first paid and the attorney’s fees for said estate to wit:  Dewitt, Head & Gill, the Clerk or administraor taking therefor.  The cross bill  William K.Carr administrator againt the heirs, M. T. Mills & others was filed by permission of the Court praying for a sale of the real estate to pay debts. It thereon referred to the Clerk to take an account and report the assets of said estate the administrator having reported the insolvency of the estate report likewise the outstanding debts and whether it is necessary to sell said land which report being made showing the insolvencey of said estate and that it is absolutely necessary to sell  said land for said debts which report being unexcepted to is confirmed and decreed accordingly.

Elija M. Williams & wife, John W. Bradley and wife, Celia, Hesakiah & Calvin Cook vs Joel Blankenship & Calvin Cook Sr.

Be it remembered that this cause came on to be finally heard before Chancellor Ridley on the 1^st day of Feb. 1858 upon the pleading and proof in the cause whereon satisfactorilty appeared to the Court that the complainant have a vested remainder in a tract of 148 acres lying in the county of Macon beginning on a poplar and beech the Northwest corner of the original tract of Hezikiah Blankenship, the same is specified in the deed of partition of the said heirs to mother, Sallie and father, Calvin who intermarried the complainants being her children.  The said tract on said division fell to and was assigned to said Sallie. That she has departed this life and left the said Calvin Cook, Sr, her husband and complainant, her children.  That the said Calvin has only a life estate in said tract by the cemetery; remainder to the complainant.  The Court is further of opinion and so decrees that the proceedings in the Circuit Court of Macon on the part of Calvin Cook Sr. selling the remainder of the complainants are concerned and can not effect the right or title of complainants.  The said sale so far as the complainants are concerned is therefore set aside.  It is further decreed that at the termination  of the life estate of the said Calvin, the complainants are decreed to be entitled to said land, the said Blankenship be enjoind from committing waste on said land so as not to prejudice the rights of rhe remainder ___ thereon.  It is further decreed that the costs of this suit be paid by the said Calvin Cook, Senior. 

John Carr & others vs George H. Burnley & others (order)

Upon affadavit of John Carr, leave is given him to cross examine George & rebut his proof & the cause is remmbered to the rules generally to take proof.

Martha Step vs Bennett Wright (O. B. )

The defendants file a demur to complainants bill which was overruled by the Court but leave is given defendants to rely upon said demur upon final hearing.

The administrator of Mills vs James T. Mills & others (O.B.)

On motion it is referred to the Clerk to take proof & report upon the fees claimed by Baxter Smith, Ireael Roark & Sam M. Fite esqrs by them as counsel for James T. Mills in the will suit in the Sumner County Circuit Court out of which the find in this case arose & referred to next term.

[something seems amiss with this next one]

H. S. Young vs Martha A. Robinson etal

In  this cause James T. Mills is appointed guardian adlitem for his children, Josephine & Georgietta and leave given him to answer & the order proconfesso against the defendants is set aside and leave given them to answer.  Leave is also given to complainants to amend and make P. A. Wilkerson a trustee & defendant & process issue to bring him into Court.

W. H. Adams C. & C. vs George & Henry Love (In. Decree)

This cause came on to be heard before Chancellor Ridley upon demurrer which being argued and understood by the Court the same is overruled and leave is given the defendants until the 2^nd rule day to answer the original and amended bill so as not to delay the hearing.

Court adjounred until tommorrow morning 8 O’Clock  B. L. Ridley

Court met according to adjournment.

Amanda M. Shelding vs Charles N. Shelding (Final Decree)

Be it remembered this cause came on to be heard on this the 2^nd day of Feby 1858 before his hon. Chancellor Ridley and it appearing to the Court that publication had been duly made as to the defendant and he having failed to plead, answer or demur to the bill, it is ordered by the Court that said bill be taken for confessed and set for hearing exparte as to him.  And thereon the cause was heard upon the pleadings and proof in the cause and it appeared to the Court that the parties intermarried in Macon County and in a few weeks after the marriage said defendant  abandoned her and made no provision for her support and in other respects so treated her as to make her situation intolerable.  It is thereon ordered by the Court that the bonds of matrimony between said parties be annulled and for nothing held and they be restored to all the rights of single persons, and the name of complainant be changed from Shelding to her maiden name, Amanda M. Parker.  It is further decreed that the defendant pay the costs for which fifa issue.

Nansy M. Sweeney vs Jas. D. McKinnis (Final Decree)

This cause is compromised and the defendant agrees to pay the complainant one hundred dollars and half of the costs and the complainant is to pay the other half of the costs our of said fund.  It is therefore adjudged and decreed by the Court that said defendant pay into the office of the Clerk said sum of one hundred dollard on or before the 3^rd Monday in March and on failure an execution will issue.  It is further decreed that each party pay one half the costs for which fifa issue.

Jeremiah Dickson Jr. Vs Michael Duffy etal (Final decree)

. . . Complainants say they desire no further to prosecute sid bill and agree that the bill be didmissed.  . . .

A. A. Brevard vs M. Duffy etal (In. Decree)

By agreement of the parties it is decreed by the Court that all the negroes except the ones in the possession of the defendant Duffy be hired out by the Clerk until the next term of the Court taking bond and security for the same.  Duffy will be chargable with a reasonable hire for the negroes he has in possession.

Nathan J. Gass vs Aaron & Moses York (demurrer)

Came the parties by their solicitors & the matters of law arising our of the demur failed by defendnats to complainants bill being argued & _____ & understood by the Court, it is ordered that the demurer be sustain & that the bill be dismissed and complainants pay all costs in this cause and on application of complainant he is permitted to file an amended bill bill if done on or before the 2^nd rule day.

Nathan J. Gass vs John M. Fergusson

There being no sufficient injunciton & prosecution bonds given by complainant in this cause it is ordered that unless the complainant gives sufficient bonds on or before the 2^nd rule day this bill be dismissed & if said bonds are given it is by agreement ordered by the Court that hthe Clerk & Master take an account of all debts due by each party to the other and referred to the next term of this Court all questions arising upon the statute of limitations and other were are ___ until the coming of the report.

Jeremiah Dickson vs Alfred A. Payne; Mills admrs & als vs James T. Mills & als

On motion it is ordered by the Court that Robert A. Bennett pay to James T. Mills at his descretion not exceeding $50 for the support of said Mills family out of the fund in his hands in this case.

 It is ordered that all the causes finally determined at this term be enrolled and there being no further business for the action of the Court, the Chancellor is pleased to adjourn until Court is convene. Bromfield Ridley.

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Lafayette, July the 12^th 1858

The same being the second Monday of said month and the time appointed by law for holding the Chancery Court at Lafayette, the Honorable Bromfield L. Ridley appeared in the courthouse, took his seat and ordered the sheriff to open Court and proceeded to the dispatch of public business when and where the following proceedings were had and held to wit: 

W. K. Carr, Admr vs Charles J. Street  etal

. . .leave is givne defendants until the 2^nd rule day to answer the bill . . .

Mahala Kerley vs William Kerley (Final decree)

In this cause it appearing to the Court that the parties are again living together having compromised their difficulties, it is ordered by the Court that complainants bill be dismissed and the defendant pay the cost for which fifa issue.

M & E. Kirkpatrick etal vs Z. W. Martin & J. Y. Roper Sr; Cook & Bailey vs Z. W Martin & J. Y. Roper, Sr; A. J. Duncan & Co. vs Z. W. Martin & John Y. Roper, Sr.

In the above cause leave is given the defendants until the 2^nd rule day to answer the several bills so as not to delay the hearing of said causes.

William B. Moren vs Kencheon Whitley & als , heirs & c and devised as Taylor Whitley, deceased.

Be it remembered that this cause came on for final hearing before the honorable B. L. Ridley Chancellor on  this 12^th July 1858 where it appearing to the Court that the defendant having been served properly with process resident in this state and publication having properly made as to the non resident and all of said defenants having failed to plead, answer or demur to complainants bill, the same is taken for confessed and set for hearing exparte.  Whereupon it satisfactorily appearing to the Court that in the year 1842 the complainant Moren having paid $85 of the purchase money of 49 acres of land purchaed of John Reeves who made the title to Taylor Whitley and in 1842 complainant & Taylor Whitley adjusted their rights touching said land by complainant permitting Taylor Whitley to recover the deed for the 49 acres; and he, Taylor Whitley, executed to the complainant W. B. Moren the 70 acres of land lying in Macon County now the Red Springs adjoining William Chitwood, Wyatt Goad and Newby and Hance lying in district No. 6 and that complainant and wife have settled and lived on said 70 acres tract of land from 1842 until this time.  Yet the said Taylor Whitley  by his will,  estate seeks  to charge complainant with rents of said land for 15 years.  The complainant files this bill to remove any doubts in regard to the title of said land not seeking to claim under the will aforesaid.  The Court is of opinion that the complainants title to the said 70 acres of land by virtue of the warrantee deed is good & perfect.  It is therefore decreed by the Court that the complainants are entitled to said 70 acres of land and are not subject to pay rents; and all the right and title of the defendants be divested out of them and vested in complainants Moren and wife.  And it is further ordered that the defendant pay the costs of this  suit and that fifa issue.

[Page omitted from book]

Brockett, W. K. Carr, W. L. Gregory and James A Crogan all of Macon County & state of Tennessee except Daniel D. Claiborne who is a citizen of the county of Wilson in said state of Tennessee are held & firmly bound unto the state of Tennessee in the sum of five thousand dollars to which payment we bind ourselves, our heirs, executors & administrators jointly and severally fimly by these presents signed, sealed & dated this the 12^th day of July 1858. Witness the above bound John Claiborne has this day been appointed Clerk & Master of Chancery Court of Macon County for the term of six years from & after this date.  Now the conditions of the above obligations is such that if the said John Claibonre shall faithfuly collect & pay over all fees & forfiietures agreeable to law during his continuance in office then to be void, otherwise to remain in full force & virtue.  John Claiborne, Nathaniel M. Claiborne, Eason Howell, L. L. Segraves, Joseph Woodcock, J. G Claiborne, J. H. Brockett, James A Crogan, Daniel D. Claiborne, G. L. Walton, Anderson Bratton, W. M. White, Perry A. Simmons, Z. G. Claiborne, W. K. Carr   . . . .

Samanthia G. Reece by her guardian W. J. Reece Exparte

Be it remembered that this cause came on to be heard on this the 12^th day of July 1858 upon the report of the Clerk & Master which report is in all the words & figures following to wit:  [report attested below]

It is therefore ordered to be adjudged and decreed by the Court that all the right, title, claim and interest the eht sid Samanthia G. Reece has in and to the undivided inteest mentioned in the pleadings be divested out of her and vested int eh purchaser W. G. Reece, his heirs and assigns forever subject to a lien for the purchase money.  It is further ordered that  the petitioner pay the cost for which fifa may issue. 

The Clerk & Master reports that he advertised the land mentioned in the pleadings at the courthouse door in Lafayette and at five other places public,  . . .   more than forty days previous to said sale and sold the same at the courthouse door in the ‘Town of Lafayette on Saturday the 17^th day of April 1858 upon  a credit of twelve months & where William J. Reece became the purchaser, he being the highest bidder at the price of twenty dollars and executed his note for said sum of twenty dollars due twelve months after date with good security thereto all of which is respectfully submitted this the 12^th day of July 1858.

W. H. Adams vs George W. Love & Henry Love (Final decree)

Be it remembered that this cause came on to be heard on this the 12^th day of July 1858 before his honor Chancellor Ridley in the presence of the parties and their solicitors and it appearing to the Court that the matters in dispute have been compromised as follows:  The trade between the parties as to the sale and  purchase of the tract of land is cancelled and the notes given for the purchase money are to be delivered up and the title to the land to be revested in the complainant, the complainant is to pay  the costs of the suit except the depositions of defendants and no account is to be taken of the rents & improvements.  It is therefore adjudged and decreed by the Court that said contract for the sale and purchase of said land be set aside and all the right, title and interest of the defendants in the same be divested out of them and be vested in the complainant. It is further decreed that the notes made exhibits in the bill and given for the purchase money be delivered up and complainant pay the costs for which fifa issue & writ of possession issue to place said complainant in possession of said land.  It is further decreed by the Court that the attys of complainant, Hend & Bennett be allowed a fee of $40 each ____ that said fees and the costs of the suit be a lien upon the land subject to the attachment of his wife in the divorce case.  No execution is to issue and sell the land until the next term of the Court.

D. D. Claiborne vs Joseph & Carrol Dillard & Jeremiah Jamison (Decree)

Be it remembered that this cause came on to be heard on this 12^th day of July 1858 before Chancellor Ridley upon the demurrer of defendant Jamison whereupon on condition of the same the Court is of opinion that said bill is sufficient ______ law & doth _____ said defendant demurrer and orders that he answer wheuon defendant filed his answer.

Nathan J. Gass vs John M. Fergusson

. . .cause continued. . . report to be made at next term and the defendants is permitted ot take proof and John Eakle, Moses York & Andrew Eakle upon the ____ in defendants affidavit and report the amount next term. . . .Costs to be paid by defendant.

Jeremiah Dixon vs A. A. Bennett [Brevard?], Duffy etal

Be it remembered that this casue came on for hearing on this 12^th day of July 1858 before Chancellor Ridley upon demurrer of defendants Brevard & Duffy to the cause cross bill of said Dixon whereupon it appears to the Court that said bill show no grounds of legal or equitable relief, and the said demurrer as well taken and the same is sustained and the bill ordered to be dismissed and that complainant pay the costs for which fifa may issue as at law & C.

Irby Morgan Plumer & Co vs Z. W. Martin & J. Y. Roper

This cause dismissed at the cost of the complainants.

Fall & Cunningham vs Z. W. Martin & J. Y. Roper

. .  leave is given defendants until the 2^nd rul day to answer so as not to delay the hearing of the cause.

Martha A. Stepp &  others vs Bennett Wright

On affadavit of complainant Martha Ann Stepp  this cause is continued till next term of this Court and leave given to retake the deposition of Oredell Roark and this cause is remanded to the rules generally in taking proof & C.

Charlotte McCommack vs James McCommack (Bill for Divorce)

Be it remembered that this cause came on for final hearing on this the 12^th day of July 1858 before the Honorable B. L. Ridley, Chancellor of the 4^th division & it appearing to the satisfaction of the Court that the defendant James McCommack is a nonresident of the state & that publication had been made as required by law & that defendant failed to appear, plead, answer or demur to complainant’s bill and that the same has been taken for confessed as to him.  It further appearing to the Court from the proof in the cause that said defendant has been guilty of inhuman treatment to  complainant & that it was not safe for her to remain longer with him & that he had refused to make the necessary provision for his family, it further appears that defendant wilfully & maliciously deserted and abcensed himself from complainant & that good and sufficient grounds exist for a divorce from the bonds of marimony, it is therefore ordered , adjudged  & decreed by the Court that the bonds of matrimony that is  now existing between complainant Charlotte McCommack & defendant James McCommack be declared void & that the said Charlotte be restored to all the rights, priviledges & immunities of a single person .  It is further decreed that complainant’s name be changed from Charlotte McCommack to her maiden name Charlotte Hendrix & that she have the care & custody of her two children Polly Ann & Harriet F. McCommack.  It is further ordered by the Court that complainant pay the cost of this suit in the first place & she have judgment ever against the defendant for the same. 

John J. Wright vs L. B. Griffith

Be it remembered that this cause came on for final hearing on this the 12^th day of July 1858 before Bromfield Ridley, Chancellor for the fourth district of the state of Tennessee.  It appearing to the satisfaction of the Court from the prooof against defendant Griffith that complainant John J. Wright & Mary Wright sold their interest in negro girl Mary to said L. B. Griffith & it further appears that the interest of  said John J. Wright & Mary Wright consisted of only half of said negro & that in the sale to Griffith as aforesaid and in drafting of the bill of sale to said Griffith for said negro it futher appears to the Court that thy by mistke in drafting of the bill of sale included the title to the whole negro & gave a bill of sale for the same.instead of their interest that they sold as aforesaid.  It is therefore ordered, adjudged & decreed by the Court  that the said bill of sale which bears the date 17^th of February 1853 made by complainant John J. Wright & Mary Wright to defendant L. B. Griffith for said negro be declared null & void and that  all the right, title and interest  that the said John J. Wright & Mary Wright had in & to said negro de decred to defendant L. B. Griffith with is one half of said negro be vested in defendant Griffith, his heirs & assigns forever.  It is further ordered that  the defendant Griffith pay the cost of suit for which fifa may issue. 

Patrick Duffy vs Michael Duffy, A. A. Brevard and Jacob Uhls

It is ordered that the defendant Jacob Uhles be allowed until the second rule day to file his answer in this cause so as not to delay the hearing of the cause.

John Word, guardian & C in Chancery at Lafayette Exparte July 1858

Be it remembered that this cause came on this day to be heard before Hon. B. L. Ridley Chancellor & C upon patitioner which was sworn to from which it appeared to the Court that John Word by whom petitioners made their applilcation to the Court is their regualr guardian having been appointed such at the July Term of the Wilson County Court & that James A. Taylor died ______ in the year 1856 in Wilson County, Tennessee leaving a last will & testament which was duly admitted ot probate in the county court of Wilson, It further appeared that the wife of said James A. Taylor, deceased & the petitioners were all the heirs & representatives  left by him & the only persons to whom anything was given by his last will.  It further appeared that the said wife of the said James A. , deceased , is dead having died several months since & that the petitioners are the only persons holding any interest in the said one third part  of the Red Sulphur Springs property which the said James A. deceased died seized & possessed of, said Red Sulphur Springs property it appeared is situated in Macon County district No. 6 about 12 miles east of  Lafayette adjoining lands of Parent on the North; Hudson on the east, Goad & Moren on the South; Moren on the west.  The interest of the said James A. Taylor, deceased, or of which he died seized & possessed it appeared amounted to one third part of the whole of said springs property which property consists of about one hundred & eighty four acres of land together with all the improvements & ______ thereto attached, it further appeared from the allegation of the petition that said property is depreciating in value for want of improvements  & proper care of them already on the land & that it would be to the manifest advantage of the petitioners for the interest of one third which they hold in said property to be sold and that it could be sold now to a better advantage than subsequently, whereupon it was considered by the Court that the application presented a proper case for a reference to the Clerk & Master to take proof & report to the Court whether it would be to interest of the petitioners for their interest in the said property to be sold & if so how & upon what terms & ther Court so orders.  It orders further that he report if practicabel to this term of the Court.

John Word, guardian & C. Exparte petition to sell land

Be it remembered that this cause came on again to be heard this day upon the report of the Clerk & Master & the proof upon which it was based which report & proof is in the following words & figures to wit:   John Word guradian & C. expartee petition to sell land  The undersigned Clerk & Master of the Chancery Court  at Lafayette in _____ to an interlocutory order made in the above case have proceeded to take the evidence o f John C. Marshall, Daniel D. Claiborne, Peter A. Wilkerson & Hugh B. Flippin who after having been swoern to stat the truth the whold truth and nothing but the truth touching the matters concerning which they might be interrogated stated as follows to wit:  John C. Marshall being first sworn stated that he was acquainted with the property known as the Red Sulphur Spring property situated in this county some 12 miles east of Lafayette that he has known said property for about 12 years, that he is of opinion that it would be manifestly to the interest of the children and heirs to whom one third of said property belongs to have the same sold as he believes that it would sell for more at present than subsequentlythat the prperty he believes is depreciatin in value, he further believes that it would be best ofr the sale to be upon a credit of one, two & three years the payments to be equal; the last payment to draw interest of twelve months previous to its maturity he thinks twenty five hundred dollars would be a proper sum to be fixed on as a minimum price on one third of said property.  Sworn to and subscribed before me this 12^th day of July 1858   John Claiborne C. & M.

John C. Marshall, H. B. Flippin, Daniel D. Claiborne, Peter A. Wilkerson  being next sworn stated that they had heard read the deposition of John C. Marshall and subscribe to the statements therein contined in reference to the character & condition of the property, of its being sold & also as to the terms of sale as well as the sum to be fixed on as a minimum price sworn to and subscribed before me this the 12^th day of July 1858. . . . . It is therefore ordered, adjudged and decreed by the Court that the Master after giving notice of the sale of said interest in said property in the Union and American , the Banner & Patriot at Nashville for three months and advertisement at three or more places in this county one of which shall be the Court house and another the Public Room at the Red Sulphur Springs & the other at some public place in the county.  . . .It is ordered that the Master report his action in the premises to the next term of this Court.

Firdonia Kerley vs W. M. Kerley (Final Decree)

Be it remembered that this cause came on to be heard on this the 12^th day of July 1858 before his Honor Chancellor Ridley upon the pleadings and proof in the cause & it appearing to the satisfaction of the Court that the parties intermarried about 7 years ago, that during the time they lived together the defendant on several occasions accused the complainanat of adultery which charges are undfounded; & that the complainant is a woman of good character; it also appeared to the Court aht in March last when the parties were on the eve of [moving?] to the western district the defendant secretly left the complainant without assigning one cause & remained absent some four months & that defenant was a man of good character, these charges on the conduct of the defendant rendered the condition of the complainant intolerable, it is thereon adjudged and decreed by the Court that the bonds of matrimony existing between said parties be dissolved & for nothing held & the complainant be restored to all the rights & priviledges of a feme solde, it is further ordered by the Court aht the property be divided between the complainant and defendant as follows:  the complainant is to retain all the property in her possession except the wagon harness & C.  Counting of the cow & calf, three beds & furniture, mare & colt & eighty five dollars of the $135  in cash making her interest in the property worth $325 & complainant is to pay R. A. Bennett atty of defendant $50 dlooars of the one hundred & thirty five of the cash in hand the defendant is also to have the wagon harness & C which is to be delivered over to him, he is also to have the money & notes attached in hands of his father James Wesly and also the mare in his possession.  The defendant is to have the privilege of visiting his child, John W. and the child to visit him at reasonable times to be regulated by the Clerk & Master.  It is further decreed that the defendant pay the cost for which fifa issue.  The question as to who is the most suitable person to raise the child is not determined by this decree.  It is ordered that  complainant name be changed from Kerley to her maiden name, Sullivan.

John Carr & W. F. Marshall, admr of Jesse Marshall deceased vs George Burnley etal (Interlocutory Decree)

Be it remembered that this cause came on to be heard on this the 12^th day of July 1858 before the Hon. B. L. Ridley Chancellor & C. upon the pleadings and proof in the cause & it appearing to the Court atht eh bill was filed for the purpose of settling the title to certain slaves  to wit:  Permelia & her children Malinda, Moses & Henry & for a division of the remainder of the the slaves of their intestate Jessse Marshall the said John Carr claiming said slaves Permla & Moses as an advancement, it also appeared to the Court that said woman Permelia was placed inteh possession of said Carr & wife in 1836 as a loan & has  so remained in their possession since that time, the Court if of opinion & so decrees that said Permelia was a loan & not a gift & that said woman & children are the property of  the estate of the intestate Jesse Marshall, deceased but the said complainants loan is not chargeable with hire for said slaves, it also appeared to the Court that the following slaves belong to said estate, to wit:  Dick, Martin, Henry, Moses, Ned, Andrew, Billy, Peter, John, Bethel, Franky & her child Hannah, Dave an infant child, Rachel & her infant Martha & Alfred and hire to be divided among the heirs & distributees of said estate.  It is thereon adjudged & decreed by the Court that Anderson Bratton, John C. Marshall & John Claiborne be appointed commissioners to make division of the slaves belonging to said estate including woman Permelia & her increase & the slaves above mentioned & any increase they may have among the heirs & distributees of said estate set forth in the pleadings & report to the next term of this Court.  The Clerk will take an account of the hire of the slavees since the settlement of the administrator with the county court and charge the administrator with the same.  He will also take an account of any advancement made to the different distributees.  The clerk will allow the administrators a reasonable compensation for their services since their settlement with the Court, it is further decreed that the costs of the cause be paid by the administrator out of the assets in their hands for which they will be credited on their settlements.

Willis Dean vs Pilate Dean (decree)

This cause is continued till the next term of the Court upon affidavit of defendant with leave to take proof  on both sides generally.

Christopher Hays vs John Stewart Pennington, Alexander, Miriam & Ellender Pennington (Final Decree)

Be it remembered that this cause came on for hearing before his honor B. L. Ridley, Chancellor & C upon the bill of complainant exhibits answer of defendants John S. Pennington & the answer of guardian adlitem for the other defendants & proof & exhibits  in the cause from all of which it appeared to the satisfaction of the Court that defendant John S. Pennington became indebted to C. Hays & E. M. Rupel [Rusel?], partners in merchandise under the firm & style of Hays & Rupel [Rusel] in the sum of one hundred & eighteen dollars and ninety three cents  due January 1^st 1856 & that said Rupel [Rusel] assigned his interest in said note to said Hays on the 12^th day of January 1856 whereupon said Hays the complainant, became the sole owner of the note & ______ sued  & recovered judgment on the note against John S. Pennington on the 11^th of Sept. 1856 it was not staid; execution issued thereon on the 8^th day of Sept 1856 & was placed int the hands of James A. Brandon, a constable of Macon County, who returned the same nulla bond on the 8^th day of Oct 1856.  It further appeared to the Court that the deed marked exhibit A to the Macon County tract of land was executed by one William Crawford on the 18^th of Decr 1851 to Elizabeth Pennington & her heirs.  That said Elizabeth was the wife of the defendant John S. Pennington; that she died since the execution of said deed  & before the filing of complainant bill; that said Alexander, Miriam & Ellender are her children by her marriage with John S. Pennington; that the main part of the consideration of the tract of land conveyed to her & her said heirs was a gratuity from her brother William, the Elizabeth Pennington in her life time & her said husband John S. were seized & possessed of said tract of land in Macon County Tennessee No. ____[district No. 6]  was bounded as follows to wit:  This indenture this the 18^th day of Decr. In the year of our Lord one thousand eight hundred & fifty one, William Crawford of Monroe County & state of Kentucky of the one part & Elizabeth Pennington & her heirs of the county of Macon & state of Tennessee of the other part, witnesseth that he the said William Crawford for & in consideration of two hundred dollars to him in hand paid at or upon the delivering of these present hath given, bargained, granted, sold, leased confirmed & conveyed & doth by these presents give, grant, bargain, sell & convey unto her the said Elizabeth Pennington & her heirs & assigns, executors & administrators forever all the estte, right, title, property, claim & demand whatever eith in law or equity that he the said William Crawford hath to a certain pieceo rparcel of land that he the said William Crawford hath in Macon County, Tennessee on the waters of Line Creek & bounded as follows to wit:  Beginning on a double poplar on the state line; thence south with Hadley’s line 110 poles  to the state line calling for a stake; thence west to the beginning 167 poles containing 100 acres be the same more or less to have & to hold all & singular; the said piece or parcel of land together with all wood, waters, mines & minerals, heradiments &appurtenances to the said Elizabeth Pennington, her heirs & assigns forever & the said Willaim Crawford doth hereby bind himself & his heirs forever to warrant & defend the right of the above mantioned piece of land from himself, his heirs & all other persons whatever unto the said Elizabeth Pennington & her heirs & assigns forever.  Given under my hand & seal this day & date above written. William Crawford   Writen, signed in the presence of us Alexander Fergusson, James Fergusson, W. Fergusson.  Received for registration sexth of February 1852 ; G. L. Walton, register of Macon County, State of Tennessee. Personally appeared before me J. B. Short Clerk of the county of Macon , AlexanderFergusson & William Fergusson the ____ witnesses with whom I am personally acquainted & who after being duly sworn, depoeth & say that are personaly acquainted whti the assigner & that they heard him acknowledge the same to be his act & deed.  Witness my hand at the office the 6^th February 1852 at 12 O’clock P M.  G. L. Walton, Register of Macon County.  The Court is of the opinion that said deed is not fraudlent but is valid & that said John S .Pennington is tenant by the courtesy for and during his natural life of said land & the said interests is subject to be sold  for his debts.  It is therefore ordered, adjudged & decreed by the Court that the Clerk & Master of this Court after first advertising the same as required by law, proceed & sell the said tract of alnd to the highest bidder for cash at the Courthouse door in the town of Lafayette. For and during the term of the natural life of the said John S. Pennington it apearing to the Court that he has such an estate in said land & that the Clerk & master apply the proceeds of sale first to the discharge of Complainants Christopher Hays debt of one hundred & eighteen dollars & ninety five cents together with interest thereon fro 1^st day of January 1856 till padi over & that he take complainant receipt therefore & pay the balance of the purchase money if any to defendant John S. Pennington & it is further decreed that the C & M. report  his proceedings to the next term of this Court & that the complainant Hays pay the cost of suit for which fifa may issue.

Jonas W. Locke vs Robert Stubblefield etals

. . . two months to file their answers . . .

Smith Meador exr & C vs William Roark etal (Final Decree)

Be it remembered . . .Ira Meador died leaving a will and the complainant & Lewis Meador qualified as executors, the father having died.  It also appeared to the Court that the testator loaned to his daughter Elizabeth Roark, wife of defendant William Roark, negroes Julian & Elizabeth & all her portion of the estate fro life & at her death the said property to be divided among her children the ___ defendants.  It also appeared that the executor paid over to the said Elizabeth & her husband about $711 and took their bond.  It further appeared that the said William Roark had become guardian for the minor defendant before the county court as guardian & the Court being of opinion that the complainant is entitled to denuded of his trust and released future liability.  It it thereon adjudged & decreed by the Court that the complainant be denuded of his trust & be released from any future responsibility in regard to said property.  It it further decreed by the Court the complainant pay the remainder out of funds in his hands for which fifa issue

Samuel P. Payne vs R. A. Smith etal (In. Decree)

. . . the defendants until 2^nd rule day to answer the bill . . . .

D. D. Claiborne vs Joseph & Carroll Dillard and Jeremiah Jamison (Order)

In this cause it is ordered by the Court that service of notice upon Joseph & Carroll Dillard shall be sufficient for all of said defendants for taking depostiions & said cause continued until next term.

Nathan J. Gass vs Moses & Aaron York (demurrer)

The demurrer in this case is overruled by the Chancellor & the defendants ordered to answer the bill on or before the fourth rule day so as not to delay the hearing of the cause.

B. F. Townsend vs J. N. Livingston & John Segraves

.  . . defendants to answer on or before the 2^nd rule day . . .

Mary Martin vs Daniel Martin (Bill for a divorce)

Be it remembered that this cause came for hearing upon this the 13^th day of July 1858 before the Honl. B. L. Ridley, Chancellor of the 4^th division of the state of Tennessee presiding in Lafayette, Macon County.  It appearing to the satisfaction of the Court that defendant was a non resident of the state of Tennessee & that judgment pro confesso have been taken against him, it further appeared that the defendant Daniel Martin has been guilty of whipping, beating and ill-treating of the complainant so that it rendered her condition intolerable & was not safe for her to longer remain with him.  It further appears from the proof in the cause that the said Daniel Martin has the following property to wit:  One horse, one cow, one hog, one rifle gun, two beds & steads , some household & kitchen furniture, two plows, two hoes, one set of plow gearing.  It is therefore ordered , adjudged & decreed by the Court that the bonds of matrimony that is now existing between the complainant Mary Martin & Daniel Martin be declared void & of no effect.  It is further ordered that complainants name be changed from Mary Martin to Mary Hutchinson.  It is further ordered, adjudged & decreed by the Court that the said complainant Mary be allowed to keep her infant children, that they remain with her under her control & dominion.  Said children names appears as follow to wit:  Mary J., Celilie Ann, Wiley, W. L. , & James Albert Martin.  It is further decreed by the Court that ocmplainant Mary be allowed all of the above named property;  that it be given to her to dispose of as she may see fit & that coomplainant pay the cost of this proceeding with judgment ever against defendant for the same for which fifa .

A. A. Brevard vs Michael Duffy & Jacob Uhles; Patrick Duffy vs Jacob Uhls etal

In the cause upon ths affadavit of Jacob Uhls, it appearing to the Court that said Uhls is a non resident, a citizen of Illinois that judgment pro confesso had been taken against said Uhles to file a cross bill in the causes against said parties.  It is therefore ordered & decreed by the Court that said judgment pro confesso be set aside & said Uhles be permitted to file his answer on  or before the second rule day so as not to delay the hearing of the cause & said Uhles be permitted to file cross bill in both cases on or before the 2^nd rule day.

L. G. Mills etal vs James L. Mills etal and H. S. Young vs Martha A. Robinson etal (In. decree)

. .  continued till next term . . the administrators will leave out the fund until the next term of the ____of  the family of James T. Mills the sum of $125.

Alfred A. Brevard vs Michael Duffy & Jacob Uhls; Patrick Duffy vs Jacob Uhles

In the cause . . . thaa judgment pro confesso has been taken against said Uhles in the first above named case before the Clerk & Master on the 5^th day of April 1858 and it further appeared that it was not nacessary and material for said Uhles to file a cross bill in these casues against said partties.  .  . pro confesso be set aside . .Uhles be permitted to file his cross bill. . . .

John Hall vs W. K. Carr admr of R. P. Hall, deceased, Ruth Hall etal.

. . .  The Clerk & Master reports that he advertised the land mentitioned in the pleadings for more than forty days, both in public newspapers and in divers public places in Macon County, one of which was the Courthouse in the town of Lafayette and sold said land estimated at one hundred and seventy acres more or less subject to the widow  Ruth Hall dower or life time estate in fifty seven acres thereof upon the premises on th 20^th day of March 1858 upon a credit of one and two years.  Except the sum of two hundred dollars which was paid in hand.  When and where  Henderson Johnson became the purchaser at the price or sum of nine hundred and three dollars; and paid in hand two hundred and gave his two several notes with good and suffficient securities, and one for three hundred and fifty dollars and fifty cents due the 20^th day of March 1859 and one for three hundred fifty one dollars and fifty cents due the 20^th day of March 1860.  All of which is respectfully submitted. This the 12^th day July 1858. John Claiborne, Clerk & Master. I further report that Messrs. Head, DeWitt and Guild are entitled to a fee of forty dollars each for their services. . . . 

 And there being no further business the Court adjourned.  Bromfield Ridley